Mr. Meraz Khan vs Workmen Compensation ...
2012 Latest Caselaw 4257 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- MISC. SINGLE No. - 5175 of 2012
 

 
Petitioner :- Mr. Meraz Khan
 
Respondent :- Workmen Compensation Commissioner, Lucknow & Others
 
Petitioner Counsel :- Arvind Kr. Sinha,Suraj Narain Kaul
 
Respondent Counsel :- C.S.C.,Rajesh Trivedi
 

 
Hon'ble Ajai Lamba,J.

Learned counsel for the petitioner contends that the truck owned by the petitioner was duly insured with the respondent no.2.  An accident took place.  Under Employees Compensation Act an award has been passed in favour of respondent nos.3 and 4.

In view of the insurance policy, respondent no.2, insurer, was impleaded as a party.  Respondent no.2, however, did not put in appearance. Consequently award has been passed against the petitioner.

Learned counsel for the petitioner contends that the award is without jurisdiction and patently against law insomuch as even for non-appearance of the insurance company, insurance company could have been held liable in view of the insurance policy.  In case, the petitioner goes in appeal in alternative remedy, petitioner would have to make a deposit of the entire awarded amount, which would violate the right of the petitioner.

Issue notice, at this stage, to respondent no.2, returnable on 04.10.2012.  Dasti process also.

Learned counsel for respondent nos.3 and 4 has put in appearance.

Order Date :- 19.9.2012

A.Nigam